B-173992, APR 20, 1972

B-173992: Apr 20, 1972

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WHICH IS PROPRIETARY TO BOEING. HAS BEEN INFORMED THAT THE AIR FORCE HAS TAKEN STEPS TO BROADEN COMPETITION FOR SIMILAR ITEMS AND TO INSURE THAT FARWEST WILL BE FULLY CONSIDERED IN FUTURE PROCUREMENTS. INCORPORATED: REFERENCE IS MADE TO YOUR TELEFAX OF AUGUST 31. THE RFP WAS FOR 470 WINDOW ASSEMBLIES FOR THE KC-135 AIRCRAFT. TWO COMPANIES WERE SOLICITED. THE CONTRACTING OFFICER DETERMINED THAT YOU DID NOT HAVE THE TECHNICAL DATA NECESSARY TO MANUFACTURE THE ITEM AND MADE AWARD TO BOEING. CLAIMING THAT YOU PREVIOUSLY HAD FURNISHED THE IDENTICAL ITEM AND SHOULD HAVE RECEIVED THE AWARD BASED ON YOUR LOWER PRICE. THE AIR FORCE INDICATES THAT THERE IS A DIFFERENCE BETWEEN PART NUMBER 5-97018 AND PART NUMBER 5-97018-7.

B-173992, APR 20, 1972

BID PROTEST - NONRESPONSIVENESS - DEGREE OF COMPETITION DECISION DENYING THE PROTEST OF FARWEST SPECIAL PRODUCTS DIVISION, INC., AGAINST AWARD OF A CONTRACT TO THE BOEING COMPANY UNDER AN RFP ISSUED BY THE OKLAHOMA CITY AIR MATERIEL AREA, TINKER AFB, OKLA., FOR A QUANTITY OF AIRCRAFT WINDOW ASSEMBLIES. SINCE THE RECORD INDICATES THAT INSTALLATION OF THE SUBJECT ITEMS REQUIRES THE USE OF A STABLE BASE MYLAR TEMPLATE, WHICH IS PROPRIETARY TO BOEING, THERE EXISTS NO BASIS FOR OBJECTION TO THE CONTRACTING OFFICER'S DETERMINATION. HOWEVER, THE COMP. GEN. HAS BEEN INFORMED THAT THE AIR FORCE HAS TAKEN STEPS TO BROADEN COMPETITION FOR SIMILAR ITEMS AND TO INSURE THAT FARWEST WILL BE FULLY CONSIDERED IN FUTURE PROCUREMENTS.

TO FARWEST SPECIAL PRODUCTS DIVISION, INCORPORATED:

REFERENCE IS MADE TO YOUR TELEFAX OF AUGUST 31, 1971, AND SUBSEQUENT CORRESPONDENCE, PROTESTING AN AWARD UNDER REQUEST FOR PROPOSALS (RFP) F34601-71-R-2864, ISSUED BY OKLAHOMA CITY AIR MATERIEL AREA (OCAMA), TINKER AIR FORCE BASE, OKLAHOMA.

THE RFP WAS FOR 470 WINDOW ASSEMBLIES FOR THE KC-135 AIRCRAFT, DESIGNATED AS P/N 5-97018-7. TWO COMPANIES WERE SOLICITED; ONE OF THESE, THE BOEING COMPANY, MANUFACTURER OF THE BASIC AIRCRAFT, SUBMITTED A PRICE PROPOSAL OF $62.14 EACH. YOU SUBMITTED AN UNSOLICITED PROPOSAL AT A PRICE OF $60.75 EACH. THE CONTRACTING OFFICER DETERMINED THAT YOU DID NOT HAVE THE TECHNICAL DATA NECESSARY TO MANUFACTURE THE ITEM AND MADE AWARD TO BOEING. YOU THEN PROTESTED, CLAIMING THAT YOU PREVIOUSLY HAD FURNISHED THE IDENTICAL ITEM AND SHOULD HAVE RECEIVED THE AWARD BASED ON YOUR LOWER PRICE.

IN ITS ADMINISTRATIVE REPORT, THE AIR FORCE INDICATES THAT THERE IS A DIFFERENCE BETWEEN PART NUMBER 5-97018 AND PART NUMBER 5-97018-7, AND THAT WHAT YOU HAVE PREVIOUSLY FURNISHED WAS NOT PART NUMBER 5-97018-7. THE REPORT FURTHER INDICATES THAT THE TWO DIFFERENT PARTS ARE USED IN DIFFERENT SERIES OF AIRPLANES, THAT PROPER INSTALLATION REQUIRES PROPER PLACEMENT OF HOLES, AND THAT THE PLACEMENT OF HOLES CAN ONLY BE PROPERLY ACCOMPLISHED BY USE OF A STABLE BASE MYLAR TEMPLATE WHICH IS PROPRIETARY TO BOEING AND NOT AVAILABLE TO YOU OR TO THE GOVERNMENT.

IN B-173063, SEPTEMBER 22, 1971, WE CONSIDERED YOUR PROTEST IN A CASE NEARLY IDENTICAL TO THIS ONE. WE DENIED THE PROTEST BECAUSE YOUR DRAWINGS WERE UNACCEPTABLE AND THE AIR FORCE DID NOT POSSESS ADEQUATE ONES. ALTHOUGH WE FOUND NO BASIS TO SET ASIDE THE AWARDS MADE, WE DID SUGGEST TO THE SECRETARY OF THE AIR FORCE THAT ATTEMPTS BE MADE TO BROADEN COMPETITION FOR PROCUREMENT OF KC-135 SPARE PARTS. BY LETTER OF FEBRUARY 1, 1972, THE AIR FORCE INFORMED US THAT WHILE THERE WAS CONSIDERABLE AMOUNT OF COMPETITION IN THIS AREA, CITING THE 43 AWARDS MADE TO YOU FROM JULY 1, 1970, TO NOVEMBER 1, 1971, IT WAS ENDEAVORING TO INCREASE COMPETITION BY DEVELOPING PROCUREMENT DATA PACKAGES THROUGH REVERSE ENGINEERING.

WE HAVE ALSO BEEN INFORMED THAT YOU MET WITH AIR FORCE OFFICIALS ON JANUARY 11, 1972. AT THAT MEETING IT WAS RECOGNIZED THAT YOUR FIRM HAD BEEN PROVIDING CERTAIN DASH NUMBERED VERSIONS OF PARTS INCLUDING 5 97018. ALSO AT THAT MEETING OCAMA AGREED TO UNDERTAKE DEVELOPMENT OF PROCUREMENT DATA PACKAGES ON OTHER DASH NUMBERED VERSIONS OF PARTS INCLUDING 5-97018 WHICH WOULD ALLOW YOUR FIRM AND OTHERS TO PARTICIPATE ON AN OPEN COMPETITIVE BASIS FOR FUTURE PROCUREMENTS OF THESE REPLACEMENT PARTS.

WHILE YOUR PROTEST OF THE AWARD UNDER THE RFP HERE AT ISSUE MUST BE DENIED ON THE BASIS SET OUT IN B-173063, SUPRA, IT APPEARS, IN VIEW OF THE FOREGOING, THAT THE AIR FORCE HAS TAKEN STEPS TO BROADEN THE COMPETITIVE PROCUREMENT OF CERTAIN KC-135 SPARE PARTS AND THAT YOU WILL BE FULLY ..END